S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3874--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by  Sens. MAYER, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the vehicle and traffic law, in relation to authorizing
   the issuance of number plates to manufacturers of motor vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of section 415 of the vehicle and traffic
 law, as amended by chapter 7 of the laws of 2000, is amended to read  as
 follows:
   4.  Number plates. A dealer, MANUFACTURER, or other person, qualifying
 for limited use of motor vehicles, motorcycles or trailers under  subdi-
 visions  two and three of this section, shall be entitled to receive one
 or more sets of number plates for display thereon  as  the  commissioner
 may  determine,  upon  payment  of the required fee for each set. Number
 plates issued to dealers under this section shall bear distinctive marks
 to distinguish them from  MANUFACTURER  AND  transporter  plates  to  be
 issued  to  other  persons  qualifying under this section. NUMBER PLATES
 ISSUED TO MANUFACTURERS UNDER THIS SECTION SHALL BEAR DISTINCTIVE  MARKS
 TO  DISTINGUISH  THEM FROM DEALER AND TRANSPORTER PLATES TO BE ISSUED TO
 OTHER PERSONS QUALIFYING UNDER THIS SECTION.  A  set  of  number  plates
 shall consist of two plates in the case of a motor vehicle and one plate
 in  the  case  of  a  motorcycle or trailer; provided, however, that the
 commissioner, in his OR HER discretion, may issue, for any  registration
 year, only one number as a set for a motor vehicle, in which event a set
 of number plates for a motor vehicle shall consist of one plate.
   §  2.  Subdivision 6 of section 415 of the vehicle and traffic law, as
 amended by section 5 of chapter 28 of the laws of 2018,  is  amended  to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10059-06-9
              

 S. 3874--A                          2
 
   6.  Fees.  Every  original  application  for registration as a dealer,
 automobile broker or transporter shall be accompanied by an  application
 fee  of thirty-seven dollars and fifty cents, which shall in no event be
 refunded. The annual fee for registration as a dealer, automobile broker
 or  transporter  or for renewal thereof shall be two hundred twenty-five
 dollars. The annual fee for any other registration  under  this  section
 shall  be  fifty  dollars.  However, the commissioner may, in his OR HER
 discretion, issue a renewal of either registration for a period  of  two
 years. The fee for a two-year renewal shall be twice the annual fee. The
 annual  fee for dealer, MANUFACTURER, or transporter number plates shall
 be twenty dollars for each set. If the commissioner issues to dealers  a
 document  which is required to be used by a dealer to sell or transfer a
 vehicle, the fee for the issuance of each such document  shall  be  five
 dollars.    There  shall  be  no  refund of registration fee or fees for
 number plates in  the  event  of  suspension,  revocation  or  voluntary
 cancellation  of  registration.  The  fee for any such transfer document
 issued by the commissioner shall be refunded only upon the surrender  of
 such document upon voluntary cancellation of registration.
   §  3.  Subdivision 6 of section 415 of the vehicle and traffic law, as
 amended by section 6 of chapter 28 of the laws of 2018,  is  amended  to
 read as follows:
   6.  Fees.  Every  original  application  for registration as a dealer,
 automobile broker or transporter shall be accompanied by an  application
 fee  of  twenty-five  dollars,  which shall in no event be refunded. The
 annual fee for registration as a dealer, automobile broker or  transpor-
 ter  or  for  renewal  thereof  shall be one hundred fifty dollars.  The
 annual fee for any other registration under this section shall be  fifty
 dollars.  However, the commissioner may, in his OR HER discretion, issue
 a renewal of either registration for a period of two years. The fee  for
 a  two-year  renewal  shall  be twice the annual fee. The annual fee for
 dealer, MANUFACTURER, or  transporter  number  plates  shall  be  twenty
 dollars  for  each set. If the commissioner issues to dealers a document
 which is required to be used by a dealer to sell or transfer a  vehicle,
 the  fee  for  the  issuance  of each such document shall be one dollar.
 There shall be no refund of registration fee or fees for  number  plates
 in  the  event  of  suspension,  revocation or voluntary cancellation of
 registration. The fee for any  such  transfer  document  issued  by  the
 commissioner  shall be refunded only upon the surrender of such document
 upon voluntary cancellation of registration.
   § 4. Subdivision 8 of section 415 of the vehicle and traffic  law,  as
 amended by chapter 7 of the laws of 2000, is amended to read as follows:
   8.  Use.  Transporter number plates issued under this section shall be
 used only for the limited operation of vehicles owned or  controlled  by
 the registrant for the purpose of weighing, testing, dismantling, trans-
 porting  or delivering the same, or for the purpose of moving such vehi-
 cles in connection with making  installations  thereon  or  improvements
 thereto,  or  the repossession or foreclosure thereof, or for the opera-
 tion, for demonstration purposes, of any vehicle owned by a  manufactur-
 er,  or for transporting or delivering the vehicle upon which the plates
 are displayed and additional vehicles carried in whole or in  part  upon
 such vehicle.
   Except  as  provided  in section four hundred sixteen of this article,
 dealer number plates issued under this  section  may  be  used  for  all
 purposes  for which transporter plates may be used and, in addition, may
 be used for the operation of any vehicle  owned  or  controlled  by  the
 registrant  and  held for sale or demonstration, except a vehicle rented

 S. 3874--A                          3

 to another, a vehicle used to transport passengers for hire,  a  vehicle
 commonly  called  a  "tow truck" or "wrecker" and used by the dealer for
 such purposes, a vehicle equipped for the purpose of towing  or  pushing
 disabled  or nonoperated vehicles or a commercial or suburban type vehi-
 cle used by the dealer  for  commercial  purposes  other  than  directly
 affecting the sale or demonstration of that particular vehicle. In addi-
 tion, dealer, MANUFACTURER, or transporter number plates may be used for
 any  non-self-propelled  device used for the transport of modular homes.
 EXCEPT AS PROVIDED IN SECTION FOUR  HUNDRED  SIXTEEN  OF  THIS  ARTICLE,
 MANUFACTURER NUMBER PLATES ISSUED UNDER THIS SECTION MAY BE USED FOR ALL
 PURPOSES  FOR WHICH TRANSPORTER PLATES MAY BE USED AND, IN ADDITION, MAY
 BE USED FOR THE OPERATION OF ANY VEHICLE  OWNED  OR  CONTROLLED  BY  THE
 REGISTRANT AND HELD FOR DEMONSTRATION, EXCEPT A VEHICLE RENTED TO ANOTH-
 ER,  A VEHICLE USED TO TRANSPORT PASSENGERS FOR HIRE, A VEHICLE COMMONLY
 CALLED A "TOW TRUCK" OR "WRECKER" AND USED BY THE MANUFACTURER FOR  SUCH
 PURPOSES,  A VEHICLE EQUIPPED FOR THE PURPOSE OF TOWING OR PUSHING DISA-
 BLED OR NONOPERATED VEHICLES OR A COMMERCIAL OR  SUBURBAN  TYPE  VEHICLE
 USED  BY  THE  MANUFACTURER  FOR COMMERCIAL PURPOSES OTHER THAN DIRECTLY
 AFFECTING THE DEMONSTRATION OF THAT  PARTICULAR VEHICLE.
   Dealer, MANUFACTURER, or transporter number plates issued upon renewal
 of a dealer, MANUFACTURER,  or  transporter  registration  may  be  used
 during  the  thirty day period immediately preceding the expiration date
 of such registration, including such expiration date.
   § 5. Subdivision 11 of section 415 of the vehicle and traffic law,  as
 amended by chapter 7 of the laws of 2000, is amended to read as follows:
   11.  Following  the  suspension  or  revocation  of the certificate of
 registration of a dealer, MANUFACTURER, or transporter or number plates,
 pursuant to this section, the failure of the holder or any other  person
 possessing  the  certificate  of  registration, number plates or certif-
 icates of sale issued to a dealer pursuant to  the  regulations  of  the
 commissioner, to deliver the same to the suspending or revoking officer,
 peace officer acting pursuant to his OR HER special duties, police offi-
 cer  directed by the commissioner to secure possession thereof, or agent
 of the commissioner, displaying authorization to act  in  such  capacity
 along  with  a  certified  copy of the order revoking or suspending such
 registration or number plates, shall be a misdemeanor.
   If any person shall fail to deliver  a  certificate  of  registration,
 number  plates  or  certificates of sale as provided herein, the commis-
 sioner shall forthwith direct any peace officer acting pursuant  to  his
 OR HER special duties or police officer to secure possession thereof and
 to return the same to the commissioner.
   §  6. Subdivision 15 of section 415 of the vehicle and traffic law, as
 amended by chapter 7 of the laws of 2000, is amended to read as follows:
   15. Miscellaneous provisions. The commissioner  may,  in  his  OR  HER
 discretion,  limit  the  number  of sets of number plates which shall be
 issued to any registrant. The provisions of subdivision three of section
 four hundred one of this [chapter] TITLE with respect  to  the  fee  for
 lost,  mutilated or destroyed certificates and number plates shall apply
 to certificates and number plates issued under this section.
   In the event of the loss or theft  of  any  dealer,  MANUFACTURER,  or
 transporter  number  plate  or set of such number plates whether with or
 without a date tag or tags, or any date tag or set  of  date  tags,  the
 dealer  OR  MANUFACTURER must immediately notify the police of such fact
 and in the event of loss, theft, mutilation or destruction of  any  such
 items  the  dealer OR MANUFACTURER must immediately file a statement and
 proof of the facts as the commissioner shall require. The provisions  of

 S. 3874--A                          4
 
 section four hundred two and four hundred eleven of this [chapter] TITLE
 with  respect  to  the  care and display of number plates shall apply to
 number plates issued  under  this  section.    Registration  under  this
 section shall be upon the condition that the registrant shall conform to
 such reasonable requirements as shall be prescribed by the commissioner.
   The  commissioner  may, in his OR HER discretion, require a registrant
 to maintain a record in a prescribed form of all  vehicles  received  or
 disposed  of by him OR HER, which records shall be open at all times for
 inspection by the commissioner, his OR HER representatives and any peace
 officer, acting pursuant to his OR HER special duties, or  police  offi-
 cer.
   If registration under this section shall be issued in the names of two
 or  more  persons  as  partners and a change occurs in the membership of
 such partnership, the registration shall not expire so long as  any  one
 of the persons named in such registration is a member of the partnership
 or carries on the business of the partnership as surviving member of the
 partnership.  However,  when any such change occurs and the registration
 does not expire, the partners or  surviving  member  after  such  change
 shall  forthwith  file  with the commissioner a statement regarding such
 partnership in such form and giving such information as the commissioner
 shall require, and the commissioner shall issue  a  new  certificate  of
 registration.
   § 7. Section 416 of the vehicle and traffic law, as amended by chapter
 36 of the laws of 1973, is amended to read as follows:
   § 416. Limited  use  of  dealer's,  MANUFACTURER'S,  and transporter's
 number plates by vendee or lessee. Upon the sale or  lease  of  a  motor
 vehicle  or  motorcycle the vendee or lessee shall be allowed to operate
 the same upon the public highways for the  period  of  five  days  after
 taking  possession thereof, without carrying number plates issued upon a
 registration under section four hundred one,  if  a  motor  vehicle,  or
 under  section  four  hundred  ten,  if a motorcycle, provided the motor
 vehicle or motorcycle shall have attached thereto and displayed thereon,
 in the manner therein provided, a set of  dealer's,  MANUFACTURER'S,  or
 transporter's number plates issued to the vendor or lessor under section
 four  hundred  fifteen, and if a proper application for registration and
 number plates for such vehicle, under the  provisions  of  section  four
 hundred one or four hundred ten OF THIS TITLE, as the case may be, shall
 have been mailed or presented to the commissioner, or agent, accompanied
 with  the  payment of the required fee within twenty-four hours after he
 OR SHE has taken possession thereof. If the motor vehicle or  motorcycle
 is  to be registered in a jurisdiction other than the state of New York,
 the requirement for filing or  presenting  such  application  shall  not
 apply.
   No  person  shall  operate or drive upon the public highways any motor
 vehicle or motorcycle on which is fastened or displayed any  such  deal-
 er's,  MANUFACTURER'S,  or  transporter's  number plates after a sale or
 lease of such vehicle by the dealer or lessor, except in compliance with
 the foregoing provisions.
   A vendee or lessee to whom number plates are delivered or by whom they
 are held under the provisions of this section shall return the same, and
 the accompanying registration  certificate,  to  the  dealer  or  lessor
 before the expiration of six days after he OR SHE took possession of the
 motor  vehicle  or  motorcycle  purchased or leased. If number plates so
 delivered or held, or such certificate, are not returned within the time
 above limited, the dealer or lessor shall immediately notify the commis-

 S. 3874--A                          5
 
 sioner of that fact by mail, describing  the  plates  according  to  the
 general and distinctive numbers and characters thereon.
   The  provisions  of this section shall apply also to the sale or lease
 of a trailer and to the  use  by  the  vendee  or  lessee  of  dealer's,
 MANUFACTURER'S,  or  transporter's  number plates on the trailer sold or
 leased, and for the purpose of applying such provisions a trailer  shall
 be deemed to be a motor vehicle.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the amendments to
 subdivision 6 of section 415 of the vehicle  and  traffic  law  made  by
 section two of this act shall be subject to the expiration and reversion
 of  such  subdivision pursuant to section 13 of part U1 of chapter 62 of
 the laws of 2003, as amended, when upon  such  date  the  provisions  of
 section  three of this act shall take effect. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.